Intro

Welcome to our Big News section for all the latest news concerning Military Disability.

We'll do our best to keep you up to date on everything that could affect your disability. Since the majority of our news will cover legal issues that can be dragged out for a long time, if you'd like an update on an issue, let us know, and we'll do what we can.

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Thursday, August 3, 2017

The VA recently released its proposed changes to the VASRD
for ratings of the Genitourinary System, the details of which can be found in
our blog post.

While most of the changes are intended to make the ratings
criteria clearer and fairer, we anticipate that one section will be more
controversial than the rest—the ratings for erectile dysfunction (ED), code 7522.

Currently, erectile dysfunction caused by deformity is rated
20%, but under the proposed changes, erectile dysfunction, for any reason,
would be rated 0%.

The VA justifies this proposed change by stating that the “VA
provides disability compensation for conditions that result in reduced earning
capacity. Erectile dysfunction . . . is not associated with reductions in
earning capacity.”

The basic idea behind all VA disability is to compensate
veterans for the inability to work and make money because of their service-connected
condition. This is the principle that guides all rating decisions—Does the
condition decrease the veteran’s ability to work?

If this change is officially made, erectile dysfunction will
not be the only condition rated 0% even though it is clearly a medical
condition and disability by definition. For example, currently, the ratings for
the eyes grant a 0% if contacts or glasses are able to fully correct a
veteran’s vision. So even though the veteran can’t see across the room without
their glasses (a clear disability), they aren’t compensated since it can be
corrected and they can presumably still work just fine.

Now even though ED would only be rated 0%, this 0% rating,
as opposed to no rating at all, is an important distinction. A 0% rating means
that the VA recognizes it as a service-connected condition. As such, it could still
qualify for Special Monthly Compensation, Category K (SMC-K). SMC-K provides a
small amount of compensation for the loss of use of a creative organ. So if the
erectile dysfunction effectively makes the veteran infertile, he would qualify
for SMC-K.

Also, because the condition is considered service-connected,
any conditions that it causes (“secondary conditions”) would also be eligible
for compensation. So if the veteran developed depression because of his ED (a very
common symptom), it would qualify for compensation. Depression is a condition
that can definitely interfere with the ability of a veteran to properly
function in his daily life and earn a living. So, even though the ED itself
would only be rated 0%, any condition that it causes that interferes with the
veterans ability to work, would still qualify.

While it is still unknown whether or not this change will
officially be made, the VA has made a distinct stand on the issue of
infertility with this proposal. In 2016, when the VA published their proposed
changes to the ratings for the Female Reproductive System, there was a
significant push from female veterans claiming that they should receive
compensation for sexual dysfunction since the men receive it for erectile
dysfunction. This proposed change would seem to indicate that the VA is no
longer going to consider any type of sexual dysfunction, regardless of gender,
as a ratable condition.

If this change goes into effect, it is not clear in the proposal
whether or not veterans who have already been awarded a disability rating for
ED will retain that benefit.

Historically, ratings, once given, have often not been
reduced or taken away when changes like this have been made. Sometimes,
however, a rating that is being eliminated because of new changes to the VASRD
will have a definite end-date for current beneficiaries. We will not know what
the ruling will be in the case of erectile dysfunction until the VA publishes
the final regulation in its entirety.

For all proposed changes, the VA grants a period of time
when we can give feedback. How do you feel about eliminating the rating for ED?
Check out our blog post about the changes and let us know your thoughts.

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About Me

As a retired Air Force Colonel and physician, I am a Military Disability and VA Disability specialist. As a physician, I have specialties in preventive medicine, occupational medicine, and healthcare administration. While on active duty, I had direct responsibility over preventive medicine for all military members in deployed environments and contingency operations. Since retiring, I have worked as a contractor for the Physical Disability Board of Review (PDBR), reviewing military disability cases, and for the VA, performing C&P exams.